CBP Delays its Implementation of "Phase 4" Enforcement of Mandatory Advance Cargo Information for Truck Carriers at ACE Border Ports Until June 15, 2006
U.S. Customs and Border Protection (CBP) has posted to its web site a notice announcing that due to unexpected programming difficulties that have not been resolved, CBP is delaying the implementation of itse Phase Four Enforcement policy until June 15, 2006 (from May 15, 2006).
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CBP has previously stated that it is implementing "Phase Four" enforcement guidelines for the 2002 Trade Act's mandatory advance cargo (manifest) information requirements for truck carriers.
(Three enforcement phases have been implemented to date: Phase 1 (In-bond - QP/WP and CAFES), Phase 2 (Pre-Arrival Processing System (PAPS)) and Phase 3 (Border Release Advance Screening and Selectivity (BRASS).)
Enforcement Expected Effective June 15th for ACE-Implemented Border Ports
As a result, it is expected that effective June 15, 2006, any conveyance arriving at an ACE implemented border port without having transmitted advance cargo information (PAPS, QP) to CBP by the time of arrival will neither receive a permit to unlade nor a permit to proceed (except as noted below).
(BRASS and CAFES, which are currently temporary alternatives to providing advance cargo information, may also be used to provide cargo information. Sources state these two systems are not listed with PAPS and QP above, as CAFES and BRASS provide this information upon arrival. See ITT's Online Archives or 08/18/04 news, 04081805 for BP summary.))
Exception for quota class merchandise. In the case of quota class merchandise (live entries), CBP has stated that the manifest must clearly identify quota merchandise. These shipments shall be referred to secondary for processing in accordance with QBT-04-023. CBP has also stated that at this time, the advance manifesting requirements for quota class merchandise will not be enforced, since the entry/entry summary will be prepared after the carrier arrives in secondary.
Exception for "ACE participants". According to an earlier notice and CBP sources, in cases where an ACE participant (one who either (1) transmits advance cargo information as an ACE account or (2) uses third parties to transmit its advance cargo information via EDI) arrives at the border and has failed to comply with the advance manifest requirements, the driver will be referred to secondary, where he will wait until the required cargo information is electronically received by CBP. Once the required cargo information is received, the conveyance and cargo will be processed in accordance with existing procedures. CBP has also stated that at this time, no action (penalty or denial of entry) will be taken against an ACE participating driver who fails to comply with the advance cargo information requirements of the 2002 Trade Act. (See ITT's Online Archives or 03/30/06 news, 06033005 for BP summary of CBP notice allowing truck carriers without ACE accounts to use third parties to submit cargo information.)
Effective Date for Border Ports That Do Not Yet Have ACE
For border ports that do not currently have ACE, CBP has stated that the provisions of this policy shall be implemented 30 days after the date ACE was fully deployed and operational at the port.
(See ITT's Online Archives or 04/21/06 news, 06042105 for earlier BP summary with additional details on Phase 4.)
CBP notice on postponement available at http://www.cbp.gov/xp/cgov/import/communications_to_trade/advance_info/